An Actconcerning medical professional liability and
supplementing and amending P.L.2004, c.17.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section)
Notwithstanding any law or rule to the contrary, if an attorney representing a
plaintiff in a medical malpractice action files a complaint using fictitious
names for one or more persons who may be determined to be parties to the action
but whose role is unknown at the time of the filing of the complaint, the
attorney shall substitute the name of a person for a fictitious name for any
person who may be determined to be a party to the action at least 120 days
prior to the date on which the action is set for trial, after which time names
of persons shall not be substituted for fictitious names.

2. Section 10 of P.L.2004,
c.17 (C.2A:62A-1.3) is amended to read as follows:

10. a. If an individual's
actual health care facility duty, including on-call duty, does not require a
response to a patient emergency situation, a health care professional who, in
good faith, responds to a life-threatening emergency or responds to a request
for emergency assistance in a life-threatening emergency within a hospital or
other health care facility, is not liable for civil damages as a result of an
act or omission in the rendering of emergency care. The immunity granted
pursuant to this section shall not apply to acts or omissions constituting
gross negligence, recklessness or willful misconduct.

b. The provisions of
subsection a. of this section shall [not] apply to a health care
professional if [a]there is no current
and active provider-patient relationship [existed
before]with
the patient who is the subject of the emergency assistance at the time of
the emergency [,
or if consideration in any form is provided to the health care professional for
the service rendered].

c. The provisions of
subsection a. of this section do not diminish a general hospital's
responsibility to comply with all Department of Health and Senior Services
licensure requirements concerning medical staff availability at the hospital.

d. A health care
professional shall not be liable for civil damages for injury or death caused
in an emergency situation occurring in the health care professional's private
practice or in a health care facility on account of a failure to inform a patient
of the possible consequences of a medical procedure when the failure to inform
is caused by any of the following:

(1) the patient was
unconscious;

(2) the medical procedure
was undertaken without the consent of the patient because the health care professional
reasonably believed that the medical procedure should be undertaken immediately
and that there was insufficient time to fully inform the patient; or

(3) the medical procedure
was performed on a person legally incapable of giving informed consent, and the
health care professional reasonably believed that the medical procedure should
be undertaken immediately and that there was insufficient time to obtain the
informed consent of the person authorized to give such consent for the patient.

The provisions of this
subsection shall apply only to actions for damages for an injury or death
arising as a result of a health care professional's failure to inform, and not
to actions for damages arising as a result of a health care professional's
negligence in rendering or failing to render treatment.

e. As used in this
section:

(1) "Health care
professional" means a physician, dentist, nurse or other health care
professional whose professional practice is regulated pursuant to Title 45 of
the Revised Statutes and an emergency medical technician or mobile intensive
care paramedic certified by the Commissioner of Health and Senior Services
pursuant to Title 26 of the Revised Statutes; and

(2) "Health care
facility" means a health care facility licensed by the Department of
Health and Senior Services pursuant to P.L.1971, c.136 (C.26:2H-1 [et seq.]et al.) and a
psychiatric hospital operated by the Department of Human Services and listed in
R.S.30:1-7.

(cf: P.L.2004, c.17, s.10)

3. Section 17 of P.L.2004,
c.17 (C.17:30D-22) is amended to read as follows:

17. a. An insurer shall
not increase the premium of any medical malpractice liability insurance policy
based on a claim of medical negligence or malpractice against an insured unless
the claim results in a medical malpractice claim settlement, judgment or
arbitration award against the insured. For the purposes of this subsection,
“claim” means any demand received by an insured seeking damages that results
from a medical incident, or an insured’s notice to the insurer of a specific
professional services act or omission that the insured reasonably believes may
result in a demand for damages.

b. Notwithstanding
any other law or regulation to the contrary, an insurer authorized to transact
medical malpractice liability insurance in this State shall not increase the
premium of any medical malpractice liability insurance policy based on a claim
of medical negligence or malpractice against the insured if : (1) the
insured is dismissed from an action alleging medical malpractice [within 180 days of the
filing of the last responsive pleading];
or (2) the alleged medical malpractice occurred in any case in which the
insured performed any treatment or procedure on a charitable basis, without
consideration; or (3) the alleged medical malpractice occurred in any case in
which the insured provided emergency assistance pursuant to section 10 of
P.L.2004, c.17 (C.2A:62A-1.3), whether or not for consideration.

(cf: P.L.2004, c.17, s.17)

4. This act shall take
effect immediately and shall apply to actions for damages that occur on or
after the effective date of the act.

STATEMENT

The bill revises the law
governing lawsuits and insurance coverage for medical malpractice.

The bill provides that,
notwithstanding any law or rule to the contrary, if an attorney representing a
plaintiff in a medical malpractice action files a complaint using fictitious
names for one or more persons who may be determined to be parties to the action
but whose role is unknown at the time of the filing of the complaint, the
attorney shall substitute the name of a person for a fictitious name for any
person who may be determined to be a party to the action at least 120 days
prior to the date on which the action is set for trial, after which time names
of persons shall not be substituted for fictitious names.

This bill also provides that a
health care professional who volunteers to respond in good faith to an
emergency at a hospital or health care facility has immunity for civil damages,
if there is no current active provider-patient relationship with the patient.
Currently, a health care provider, in order to have the benefit of immunity for
such an emergency, could not have had a provider-patient relationship before
the emergency, and could not have been provided any consideration for the
service rendered.

The bill further provides that
an insurer shall not increase the premium of any medical malpractice liability
insurance policybased on a claim of medical negligence or malpractice
against an insured unless the claim, as defined in the bill, results in a
medical malpractice claim settlement, judgment or arbitration award against the
insured. Finally, the bill also prohibits an insurer from increasing medical
malpractice insurance premiums, if the alleged malpractice occurred in certain
charitable or emergency situations.